行政法院审裁管辖权若干问题

O. Rudenko
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The use of the special-legal method and the method of systemic analysis, as wellas the logical-legal method, made it possible to investigate the content of individual norms ofadministrative procedural legislation related to the topic of the work, in their systemic connection.Results. It is noted that the legislator understands the type of administrative jurisdiction underthe instance jurisdiction, which determines the court authorized to consider and decide theadministrative case on the merits, from among the courts of different levels, to review the courtdecisions adopted in the administrative case in the appellate and cassation procedures. It hasbeen proven that under the current administrative procedural legislation of Ukraine, violationof the rules of instance jurisdiction entails a consequence in the form of annulment of the court'sdecision at the stages of appeal and cassation proceedings with referral of the case to the court offirst instance under the established jurisdiction for a new trial.It was concluded that in аrt. 22 of the Сode of administrative proceedings of Ukraine is notabout jurisdiction, but about jurisdiction. The need to exclude аrt. аrt. 23-24 of the Сode ofadministrative proceedings of Ukraine from paragraph 2 of chapter 2 of section I of the Сodeof administrative proceedings of Ukraine. The inexpediency of granting the Supreme Courtthe authority to consider some categories of administrative cases on the merits is indicated. Itis substantiated that the administrative cases provided for in рart 3 of аrt. 22 of the Сode ofadministrative proceedings of Ukraine, must be considered by district administrative courts ascourts of first instance.Conclusions. 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引用次数: 0

摘要

目的。本文的目的是确定实例管辖规则,在行政诉讼中违反这些规则的法律后果,并提出改进乌克兰在这一领域的现行立法的建议。方法。研究的理论和方法基础是一般科学方法和特殊科学方法。运用普遍辩证法,探讨了程序法中行政诉讼案件管辖权的确定及其在复杂性和矛盾性方面存在的问题,并提出了完善行政诉讼案件的法律规制的途径。运用专门法方法和系统分析法,以及逻辑法方法,可以在系统联系中考察与工作主题相关的行政程序法个别规范的内容。值得注意的是,立法者对初审管辖下的行政管辖类型的理解是,初审管辖下的行政管辖类型决定了被授权审理行政案件的法院,从各级法院中,对行政案件在上诉和撤销程序中作出的法院判决进行审查。事实证明,根据乌克兰现行的行政程序法,违反初审管辖权规则的后果是在上诉和撤销上诉程序阶段撤销法院的裁决,并将案件提交既定管辖权下的初审法院进行新的审判。得出的结论是:乌克兰行政诉讼Сode第22条不是关于管辖权问题,而是关于管辖权问题。需要排除。аrt。《Сodeof乌克兰行政诉讼》第一节第二章第二段中乌克兰行政诉讼Сode第23-24条。报告指出,授予最高法院根据是非曲直审议某些类别行政案件的权力是不妥当的。经证实,本行政案件是第3条第1款所规定的。乌克兰行政诉讼Сode第22条,必须由地区行政法院作为一审法院考虑。建议将第1节第2章的标题改为“行政管辖和行政事项管辖”,将第2章第2段的标题改为“实例管辖”,以规定违反第1节规定的后果。22С歌唱的行政诉讼,当考虑在最高法院第一审案件转移到另一个法院的适当性,establishthat取消在法院判决的上诉过程结束了须考虑这种情况是不允许的,当事人提起上诉的案件,没有有效的原因,不宣布案件不受管辖一审法院。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
SOME ISSUES OF INSTANCE JURISDICTION OF ADMINISTRATIVE COURTS
Purpose. The purpose of the article is to determine the rules of instance jurisdiction, thelegal consequences of their violation in administrative proceedings, and to develop proposalsfor improving the current legislation of Ukraine in this area. Methods. The theoretical andmethodological basis of the research is general scientific and special methods. With the help of theuniversal dialectic method, the problems of determining the instance jurisdiction in administrativeproceedings in the procedural law and the consequences of its violation in their complexity andcontradictions were investigated, as well as ways of improving legal regulation in this area were determined. The use of the special-legal method and the method of systemic analysis, as wellas the logical-legal method, made it possible to investigate the content of individual norms ofadministrative procedural legislation related to the topic of the work, in their systemic connection.Results. It is noted that the legislator understands the type of administrative jurisdiction underthe instance jurisdiction, which determines the court authorized to consider and decide theadministrative case on the merits, from among the courts of different levels, to review the courtdecisions adopted in the administrative case in the appellate and cassation procedures. It hasbeen proven that under the current administrative procedural legislation of Ukraine, violationof the rules of instance jurisdiction entails a consequence in the form of annulment of the court'sdecision at the stages of appeal and cassation proceedings with referral of the case to the court offirst instance under the established jurisdiction for a new trial.It was concluded that in аrt. 22 of the Сode of administrative proceedings of Ukraine is notabout jurisdiction, but about jurisdiction. The need to exclude аrt. аrt. 23-24 of the Сode ofadministrative proceedings of Ukraine from paragraph 2 of chapter 2 of section I of the Сodeof administrative proceedings of Ukraine. The inexpediency of granting the Supreme Courtthe authority to consider some categories of administrative cases on the merits is indicated. Itis substantiated that the administrative cases provided for in рart 3 of аrt. 22 of the Сode ofadministrative proceedings of Ukraine, must be considered by district administrative courts ascourts of first instance.Conclusions. It is proposed to change the title of Chapter 2 of Section I to «AdministrativeJurisdiction and Jurisdiction of Administrative Matters», and the title of Paragraph 2 of Chapter2 of the Section to «Instance Jurisdiction», to provide for such a consequence of violation of therules specified in аrt. 22 of Сode of administrative proceedings, when considering a case in thecourt of first instance as a transfer of the case to another court by appropriateness, to establishthat the annulment in the appellate procedure of the court decisions that ended the considerationof the case is not allowed, if the party to the case who filed the appeal, without valid reasons, doesnot declared that the case was not subject to jurisdiction in the court of first instance.
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